Wilmerding v. Mooney
New York Court of Common Pleas
Appeal from order denying motion to vacate arrest. The moving papers were very voluminous, but their contents are stated in the opinion of the court.
1Opinion of the Court
By the Court.—Daly, J.
After a careful examination of this case, we are of opinion that the charge of fraud upon which, the defendants have been arrested, is sustained. We think that no other conclusion can be arrived at but that, either the de*284fendants intentionally misrepresented the value of their stock and the state of their affairs, to get the loan of $10,000 from the plaintiffs; or, if their statement be time, and their stock was, at the time, of the value which they represented it to be, that they afterwards made away with a large portion of it with the design of defrauding their…
2Cited by2 opinions
- Wickham v. SternCity of New York Municipal Court · 1889
- Strauss v. VogtThe Superior Court of New York City · 1893